Marcus Rosenfeld

Text (OCR of the scan at left; may contain errors)

"which they have complied "ith this order.

TN THE )iA TTER OF lARCCS ROSENFELD ET AL. TRADING AS TOWEL SHOP. ETC. ORDER, ETC. , IX REG.\.RD TO THE ALLEGED VIOLATION 010 THE FEDElL\L TK-\DE CO:.DnSSIOX ACT Docket 7533. Compla.int, July 1959-Decision, June 4, 1.964 Order modifying tile Commission s consent order issued :\Iarch 11 , Hair, 56 C. 1049, to eliminate the requirement that respondent distl'butors make affnnative rliscJosure that their non-woven cotton and rayon 1iber towel product does not ba,e the aIJIJearance, texture and thickness of fabric to,,-els in common use.

ORDER RESCINDIXG PREVIOUS ORDER DENYING RESPONDENTS ' ilfoTION To REOPEX PROCEEDING; R.EOPENING PROCEEDING, GRANTING R.RESPONDENTS' PRIOR MOTION AND iODIFYING ORDER To CEASE , DESIST The Commission having reconsidered respondents' motion filed January 30, 1963, to reopen this proceeding and to modify the onler to cease and desist issued herejn "larch 11 , 1960 C56 F. C. 1049J, respondents asserting in thejr motion that the order entered herein requires them to make an affrmative disclosure in connection with the description of their product whereas such djsclosure was not rCAjujred in an order subsequently issued by the Commission a.against OIle of respondents' competitors sening the identical product, thereby placing respondents at a competitive disadvan!a e; and 798 FEDERAL TRADE CO:MMISSION DECISIOl\ Order 65 The Commission now being of the opinion that the order to cease and desist entered in this proceeding should, in the public interest, be modified by eliminating thc requirement that respondents make such affrmative disclosure, and respondents having indicated their acceptance of such modification:

It is ordered That the Order Dcnying Heqnest To Heap en Proceeding issued herein April 15 , 1963 C62 F. C. 1535J, be, and it hereby is rescinded;

It is fliTtlw,. 01Yte1' That this proceeding be, and it hereby is reopened;

It is fUTthe?' ordered That respondents' motion filed January 30, 1963! asking for modification of the cea.se and desist order herein by setting aside the requirement to make such affrmative disclosure, be and it hereby is, granted;

It ';S .further ordered That the order to cease and desist previously entered in this proceeding be, and it hereby is, modified in the manner set forth below:

ORDER It is orde?'d That respondents Marcus Rosenfeld and Leon Rosenfeld, individually and as copartners trading as To"el Shop, Land M Company, 40 Towel Co., 50 Towel Co., and .Wholesale To"el Company or under any other name., their agents, rcl)resentatives and employees, directly or through any corporate or other device in C01mection with the offering for sale, sale or distribution of their non-woven cotton and rayon fiber product, or any other like merchandise, in commerce, fis "commerce" is defined in tlle Federal Tra.de Commission Act do fortlr\With cease and desist from:

1. R,representing, directly or by implication, through the use of photographs, or ill any other manner, that their non-woven product has the appearance, thickness or texture of fabric towels in common use or misrepresenting in any manner the appea.ntllCe thickness or texture of their said product. 2. Representing, directly or by implication: (a) That products referred to as towels, whose dimensions are 12" x 18" are large ormjsreprcsenting in any nlrtnnerthe size of their saiclprodnct;

(b) That the money paid for their product wil be refunded to dissatisfied purchasers, unless all of the money paid, including postage, is refunded; provided, however, that nothing herein shall prevent respondents from truthfully representing that a specific amount will be refunded to .dissatisfied purchasers;

HE PEELERS CO. 7"99 797 Complaint (c) That respondents' product is superior to ordinary woven towels in every way; or in any way that is not in accordance "ith the fact;

(d) That any solicited testimonial letter used by respondents was unsolicited;

(e) That respondents guarantee the success of those sellng their product or that they do not have competition; (f) That respondents' product is made by a scientific new process.

It i8 111,tlle1' onle1'ed That respondents herein shall within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in bch they have complied "ith the order to cease and desist.